Town of Hampton Bid 2019-021 Elaine Street Improvements

INVITATION TO RE-BID 2019-021 Elaine Street Improvements

INTENT The Town of Hampton, acting through its Town Manager for the Hampton Department of Public Works (DPW), in accordance with the provisions of New Hampshire Revised Statutes Annotated Chapter 37, Section 6 and the provisions of the Town’s Purchasing Policy and Purchasing Procedures Chapter 718 of the Hampton Code requests sealed written bid proposals from qualified Contractors for the replacement along Elaine Street in Hampton of approximately 1,024 ft. of 6” Vitrified Clay Pipe (VCP) sewer main, four (4) sewer manholes, the construction of one (1) new sewer manhole, sixteen (16) sewer services, 170 lf of 12’ HDPE drain pipe, four (4) catch basins and trench repair, more particularly described in the following Scope of Work, Detailed Specifications and Attachments.

INSTRUCTIONS All inquiries regarding the bid document, bid procedure, and any technical aspect may be directed to Jennifer Hale, DPW Deputy Director at (603) 926-3202 weekdays between the hours of 7:00 AM and 3:30 PM, or by email at [email protected] All bids shall be submitted in conformance with this Invitation to Bid and all its sections, any attachments, and any addenda distributed, all requested information must be supplied. Failure to comply will be reflected in the evaluation of the bid, and may result in disqualification of the bidder.

SCOPE OF WORK The Contractor shall furnish all personnel, labor, materials, equipment, and means for the construction of the sewer and drainage replacement project along Elaine Street from Winnacunnet Road to Richard Street. The work includes but is not limited to the following: Excavation, earthwork, removal of old piping/structures, by-pass sewer pumping, dewatering (if necessary), installation of a new 8” sewer main, installation of four (4) sewer manholes, installation of sixteen (16) sewer services and cleanouts to the outer edge of the right-of-way line, installation of a new 12” HDPE drainage main, installation of four (4) catch basin, installation of backfill, compaction, testing, temporary trench patching, loam, seeding, grading, liming, fertilization, mulching, and watering of any disturbed areas, traffic control management and all other items incidental to the whole construction. The intent of this bid is for the Town of Hampton to hire a qualified Contractor to perform the following, all as described in Attachment C attached hereto:  Survey/Grade control and invert measurement of all sewer and drain structures (Contractor to submit information prior to ordering structures)  Survey/Grade control for crown of road and edge of pavement to match existing condition  Test Pit Excavation and backfill for utility location identification  Installation of erosion control within the project area  Sawcut and removal of the existing pavement along trench lines

Page 1 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

 Installation of by-pass pumping between manhole segments (Contractor to submit by- pass plan for approval)  Excavation of and removal of existing trench materials for sewer construction  Dewatering of trench as necessary for sewer construction (Contractor to submit De- watering plan for approval)  Removal of existing VCP sewer main, existing sewer services and disposal  Installation of new bedding material for sewer construction  Installation of a new 8” SDR 35 pipe to existing line and grade for sewer main and installation of a new 4” SDR pipe to existing line and grade for sewer services with new cleanouts to the outer edge of the right-of way line.  Installation of four (4) new sewer manholes including testing and inverts  Preparation, compaction and bringing to grade of the trench for sewer construction including compaction testing  Excavation of and removal of existing trench materials for drainage construction  Dewatering of trench as necessary for drainage construction (Contractor to submit De- watering plan for approval)  Removal of existing VCP drainage main and catch basins and disposal  Installation of new bedding material for drainage construction  Installation of a new 12” HDPE pipe to existing line and grade for drainage main; installation of four (4) new catch basins  Raising of structures to grade  Preparation, compaction and bringing to grade of the trench for drainage construction including compaction testing  Repaving and temporary sealing of trenches  Loam, seeding, grading, liming, fertilization, mulching, and watering any disturbed areas  Incidental work as required

PLANS Attachment A describe the limits of work and Attachment B contains construction design details. Attachments A is diagrammatic and intended to provide the elements and limits of work. Attachment B provides the design details for this project. Field verification by the Contractor of elevation and the establishment of grade is required. Field conditions shall govern final line and grade upon consultation with the DPW Director or his designee.

DETAILED SPECIFICATIONS Materials, equipment, labor, etc., that are obviously a part of the work and necessary for the proper operation and installation of same, although not specifically indicated in the Contract Documents, shall be provided as if called for in detail, and without additional cost to the Town of Hampton. General A. All work shall conform to NHDOT Standard Specifications for Road and Bridge Construction latest edition, the Manual on Uniform Traffic Control Devises for Streets and Highways latest edition and this Bid Document.

Page 2 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

B. A preconstruction video will be required from the Contractor. The preconstruction video shall cover each section of roadwork showing the centerline, edges of pavement, driveways, mailboxes, ornamental fences, and intersections with additional spot areas as necessary to show the full scope of the intended work area. A copy of the video on DVD shall be supplied to the Town prior to commencing with the work or moving equipment to the site. C. The Contractor shall be responsible for applying for an Excavation Permit (fee waived) from the Department of Public Works. D. The Contractor shall supply and pay for all materials, parts and labor necessary for the project. E. The Contractor shall supply the Director of Public Works or his designee with materials submittals for approval prior to ordering any materials needed for the project. Submittals will be required but limited to: Soils, aggregate, piping, structures, frames, grates and temporary asphalt mix. F. All construction signing shall be supplied, erected, maintained, and removed by the Contractor. No operation shall be conducted on or near the traveled lanes or roadway shoulders without first having in place the necessary traffic control (i.e., cones, drums, police details, etc.), as required by the DPW Director or his designee. Traffic Controls to be used require prior approval of the DPW Director or his designee. G. Except as specified, in part H below, all materials to be used on the project shall be new and have prior approval of the DPW Director or his designee. All materials installed under this Contract shall be listed on the NHDOT Qualified Products List as appropriate, unless otherwise specified in the Contract Documents. A list (Submittal Log) of materials proposed materials shall be provided by the Contractor to the DPW Director or his designee. H. Existing excavated materials that are acceptable to the DPW Director or his designee may be used for backfill (excluding peat, clay, or soil rejected by the DPW Director or his designee); any other surplus materials resulting from the work, and not needed for use on the project and not directed to be stored as determined by the DPW Director or his designee shall be disposed of by the Contractor apart from and away from the limits of the project subject to the regulations and requirements of local authorities governing the disposal of such materials. No materials will be allowed to be disposed of at the Hampton Transfer Station. I. The Contractor shall exercise due care when working around all layout bounds and property markers that are to remain. This shall include, but not necessarily be limited to, concrete and granite bounds, iron rods, rebars, stakes, pipes, nails, or any other property or layout markers whether existing or proposed under this project. Should any damage to a property marker result from the actions of the Contractor, the marker shall be replaced, realigned, and/or reset to its intended position by a Licensed Land Surveyor hired by the Contractor as directed by the DPW Director or his designee. No further compensation will be due to the Contractor for the materials and labor required to re-establish the property marker as described above.

Page 3 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

J. Cleanup of the site and removal of equipment and materials shall be the responsibility of the Contractor within the above-specified period and shall be part of the work. Access to properties shall be reasonably maintained during work hours and fully accessible upon the close of each day’s activities. Access for emergency vehicles shall be maintained throughout the duration of the project. K. The Contractor shall be responsible for notifying “Dig Safe” and for proper care of other utilities. The costs of any corrective repairs to utilities are the responsibility of the Contractor without cost to the Town. L. The Contractor shall not store equipment, construction vehicles, and materials within the clear zone of the traveled way (when a detour is not in place). Location of storage areas within the right-of-way will be subject to the approval by the DPW Director or his designee. The Contractor shall maintain a clear travel-way for emergency vehicles and general access to abutting properties at all times. M. The Contractor shall not commence work under this contract until it has obtained all the insurance required under this article (below) and such insurance certificates has been presented and has been approved by the DPW Director or his designee. N. The Contractor shall not commence work until a pre-construction conference has been held at which the Contractor and DPW Director or his designee are present. The pre- construction conference shall be scheduled by the Contractor. A pre- construction video of the project area must also be provided. Maintenance A. The Contractor shall maintain the work during construction and until it is accepted by the DPW Director of his designee. This shall include dust control and sweeping of the project area as required and/or requested. The contractor is expected to provide dust control daily and as part of everyday operations and sweeping at the end of every workday. B. All cost of maintenance during construction and before the work is accepted by the DPW Director or his designee shall be included in the unit prices bid on the various pay items and the Contractor shall not be paid an additional amount for such maintenance. C. If the Contractor, at any time, fails to comply with the provisions above, the DPW Director or his designee may direct the Contractor to do so. If the Contractor fails to remedy unsatisfactory maintenance within the time specified, the DPW Director or his designee may immediately cause the project to be maintained and the entire cost of this maintenance will be deducted from money due to the Contractor under this contract. Utilities A. The Contractor will notify all utility companies, all pipeline owners, or other parties affected, and to have all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction made as soon as practicable. B. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the limits of the proposed construction, which are to be relocated or adjusted, are to be moved by the owners of such utilities at the utility owner’s expense.

Page 4 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

C. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present locations and as evident on the site, and that no additional compensation will be allowed for any delays, inconvenience, damage sustained by the Contractor due to any interference from such utility appurtenances. D. The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner, that duplication of rearrangements may be reduced to a minimum, and that services rendered by those parties will be minimal. E. In the event of interruption to water or utility services as a result of accidental breakage or as a result of being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall cooperate with the said authority in the restoration of services. If a water or utility service is interrupted, repair work shall be continuous until the service is restored. F. Provisions shall be made, acceptable to the DPW Director or his designee, for bypass pumping of sewage or temporary plugging provided no hazard to homeowners is imminent. The Contractor will be liable for any claims due to plugging or bypass pumping. Work Hours A. Work shall not be performed at night or on Sundays and holidays. The workday shall be within the hours of 7:00 AM to 5:00 PM, except for repair of a water or utility service that has been interrupted. B. At the close of construction each day, any excavation area must be adequately protected for safety. No excavation area shall be left open overnight. The Contractor shall not leave the site in an unsafe or unsuitable condition. No additional cost is included for closing of trenches at the end of day or before weekends. If the Town is called for maintenance of Contractor’s job site or trench, all reasonable overtime and personnel costs will be deducted from the contract. The use of trench plates to cover excavated areas will not be permitted. C. The Contractor shall at all times so conduct his work as to assure the minimal obstruction to traffic. The safety and convenience of the public and the residents along the work site route and the protection of property shall be provided for by the Contractor. The Contractor shall be responsible for timely notification to local businesses and homeowners before making any interruptions of their access or interruption of any utility service. Additional Requirements A. Sewer Construction: i. Sewer Manholes shall incorporate the use of 32” Pamrex heavy-duty manhole covers with the word “Sewer” Cast (no plate allowed) onto the cover. ii. Sewer Manhole inverts shall be constructed of solid hard sewer brick grade SS, Portland cement mortar and be laid at the largest radius possible. iii. Sewer Manholes shall be brought to finished grade of the FINISH PAVEMENT without the use of concrete around the structures.

Page 5 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

iv. Sewer laterals shall have cleanouts at property lines to 6” below grade except in paved locations shall be installed to grade using H-20 rated cast iron cover set. Tee-Wyes shall be used in construction of cleanouts to service line. Wyes will not be accepted. v. Lateral connections at the main shall be constructed using wyes and 45-degree couplings. A tee may only be used if a chimney is needed. Tee-Wyes will not be accepted. vi. All sewer pipe shall be SDR-35 B. Sewer Bedding: Sewer bedding shall meet the following criteria: i. ¾” stone below pipe invert to the “spring line” of the pipe. Acceptable graded materials free of stone 2” or greater in diameter shall be backfilled to 12” above the pipe and compacted ii. The Town of Hampton may allow existing acceptable material. iii. Where the trench is frim and dry, sand may be used for bedding, placed to 12” above the pipe, and compacted. iv. Existing peat, clay, or soil may be rejected by the Department of Public Works for backfilling. Such material shall be the Contractor’s responsibility for disposal. C. The contractor shall record all stationing for all wyes installed. Swing ties to the end of service from the house being services shall also be recorded. This recorded information will be provided to the Public Works Sewer and Drain Department before final payment will be made. D. Drainage Construction: i. Drainage Manholes and Catch Basins shall be pre-cast reinforced concrete construction to NHDOT Standard Specifications. ii. All Frames and Grates shall be cast iron, shall meet or exceed NHDOT Specifications, and shall be Type B4 flange frame and cast-iron grate. Approved castings are DMH- Neenah R-1743 and Neenah R3570A. Structures shall be marked DRAIN. iii. All structures shall be brought to grade of the FINISH PAVEMENT without the use of concrete around the structures iv. All drainage piping shall be HDPE as specified E. Drainage Bedding: Drainage bedding shall meet the following criteria: i. ¾” stone below pipe invert to the “spring line” of the pipe. Acceptable graded materials free of stone 2” or greater in diameter shall be backfilled to 12” above the pipe and compacted ii. The Town of Hampton may allow existing acceptable material. iii. Where the trench is frim and dry, sand may be used for bedding, placed to 12” above the pipe, and compacted. iv. Existing peat, clay, or soil may be rejected by the Department of Public Works for backfilling. Such material shall be the Contractor’s responsibility for disposal.

Page 6 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

F. Sewer Inspection/Testing: i. The Town of Hampton has the right to perform random inspections at any time and will inspect all services prior to backfilling. The Contractor shall be responsible for coordinating the inspections between the hours of 7:30 and 3:00 pm. ii. The Contractor will be responsible for conducting pressure tests to main lines and services and vacuum testing of manholes prior to invert construction. The new pipe should be exposed but properly bed in suitable materials to the spring line of the pipe and holding 4 lbs. of air pressure at the time of inspection. a. Type of Test – Pipe: Air Test (4 lbs. of air pressure for 2 minutes) b. Type of Test – SMH: Vacuum Test (10 inches for 2 minutes). Must not drop below 9 inches in 2 minutes iii. Contractor will be required to provide video inspection of completed sewer lines once the sewer lines are tested and prior to final paving G. Groundwater in trenches shall be removed by a dewatering system acceptable to the Town. This cost is the responsibility of the Contractor and no work shall proceed until the Town’s Inspector is satisfied that adequate water has been removed on a daily basis. The Department of Public Works can stop the work if groundwater levels do not meet the installation requirements. H. Trench Requirements: i. All trench excavation, backfill and repaving shall be in accordance with the Town of Hampton Excavation Permit Requirements. ii. Compaction testing with a 95% minimum compaction is required and shall be coordinated and paid for by the contractor by an approved sub-consultant approved by the Town of Hampton. iii. Compaction Testing shall be provided within all trench areas every 50 feet within every lift. iv. The Contractor shall be responsible for providing results of all testing services to the Foreman of the Sewer and Drain Department for approval. I. Fine Grading of Subgrade i. Upon completion of excavation, placement of embankment and installation and backfilling of drainage structures, the subgrade shall be fine graded to conform to the subgrade profile and cross slope. ii. Compaction testing with a 95% minimum compaction is required and shall be coordinated and paid for by the contractor by an approved sub-consultant approved by the Town of Hampton. iii. Compaction Testing shall be provided along the entire length of Elaine Street every 50 feet within every lift. iv. The Contractor shall be responsible for providing results of all testing services to the Foreman of the Highway Department. The Foreman of the Highway Division shall approve compaction testing prior to placement of bituminous asphalt.

Page 7 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

v. High spots shall be honed down and low spots filled with material acceptable to the Public Works Director. The process of vibratory compacting shall continue until no further depressions result. Slopes and ditches shall be shaped to reasonably smooth surfaces in keeping with the character of the adjacent terrain and merge into it without any noticeable break. vi. The entire roadway must present a uniformly finished appearance at the completion of fine grading. J. Gravel and Crushed Gravel i. The base twelve-inch course depth shall consist of gravel that conforms to Section 304 of the latest issue of the Standard Specifications for Road and Bridge Construction, State of New Hampshire Department of Transportation. ii. The top aggregate base course shall be a minimum of six inches of crushed gravel. At least 50% by weight of the materials retained in the one-inch sieve shall have a fractured face. If the crushed gravel is to be paved with bituminous concrete, the crushed gravel shall be "washed" to remove fines. Crushed gravel must conform to Section 304 of the Standard Specifications for Road and Bridge Construction, State of New Hampshire Department of Transportation. iii. The subgrade shall be to the specified crown and grade and maintained in a smooth condition, free from holes and ruts. If the hauling equipment should cause ruts in the subgrade or previously placed base course, the equipment shall be operated only on the course being placed, behind the spreading equipment. iv. Care shall be taken to avoid segregation when placing gravel and crushed gravel. When base course material is dumped in piles, it should be dumped in the course being placed and spread at once onto the previously placed layer. If spreading equipment is not available, dumping will not be permitted. Any segregation that occurs shall be remedied or the materials removed and replaced at the applicant's expense. v. Each entire layer of gravel shall be thoroughly scarified for the depth of the layer to bring all oversized stones to the surface for disposal prior to placing the subsequent course. Such scarifying will not be required when the contractor's method of operation is such that oversized stones are not delivered to the project. vi. Prior to fine grading, hard spots in the surface of the top layer shall be eliminated by scarifying the top four inches. vii. Previously tested and accepted materials contaminated by earthen, organic, or other foreign matter, or degraded by hauling equipment, to such an extent that the materials cease to meet the requirements, shall be removed and replaced or otherwise made acceptable at the contractor's expense. viii. To prevent segregation of crushed gravel during spreading and to assist in obtaining the required density of the mixture, water shall be added to the crushed gravel prior to performing the grading operations. The course shall be maintained in a moist condition until it is covered. Water shall be uniformly applied over the other base courses during compaction in the amount necessary for proper consolidation.

Page 8 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

ix. The compaction of gravel and crushed gravel shall be done with an approved vibratory roller until 95% of maximum density is achieved. x. The Public Works Director shall be notified so that approval of the placement and compaction of the gravel courses may be made before any further work progresses. xi. Source approval. The source(s) of gravel and crushed gravel shall be as approved by the Public Works Director prior to bringing the materials to the job site. K. Bituminous pavement for roadway repair shall conform to NHDOT specifications, specifically Section 403. Suitable materials should be used, and be that of similar quality and material of surrounding existing bituminous pavement and subgrade material. Emulsion shall be applied to all joints where new pavement abuts existing. The intent of this project is to have binder material placed to grade within the trenches at the completion of the project. The Town under a separate contract, an upon the completion of this project, will be milling and repaving Elaine Street. i. A minimum of three and a half inches of bituminous concrete, plant hot shall be used. a. Binder course, Full Width, Machine Method, Compacted, 19 MM ii. In every location where new pavement abuts existing pavement an application of emulsion beforehand will be required. Emulsion shall meet NHDOT Spec 410.00 iii. All Structures shall be adjusted as necessary where paving operations will leave structures below the proposed surface. When reconstruction or adjustment of existing structures is specified, the frames and grates or covers shall be removed and the walls reconstructed as required. The frames and grates or covers shall be cleaned and reset at the required elevation. a. Castings owned by Aquarion Water Company and Unitil Gas Services shall be raised by the utility or their contractor. The work shall be coordinated between the Contractor for the Town and the Contractor for the Utility. Sufficient time shall be allotted to the Utility Company to allow for their work b. This project contains manhole and catch basin adjustments of a per unit price for between 1 and 6 inches of height iv. Finish trench patch paving shall be such that puddles, birdbaths, etc. are eliminated from abutting driveways, gutters, and the traveled portion of the road, and if any puddles, birdbaths, etc. are found after the work is completed, these shall be repaired within two (2) weeks after notification, by means approved by the Town. v. Contractor shall temporarily patch all trenches at a minimum of once weekly prior to the weekend. L. The Contractor shall be responsible for all pavement and lawn repairs. Damaged lawns shall have a minimum of 4” of loam, thoroughly raked to appropriate grade and seeded with Park Seed meeting the specifications of DOT Specifications, Section 644.2.2. M. As-Built i. An As-built Plan shall include the location of all sewer mains, sewer manholes, service laterals, drainage piping, drain manholes, catch basins, etc. The plan shall include the material and sizes of ALL piping infrastructure.

Page 9 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

ii. Included with the as-built (Separate sheet if necessary) the plan must have a profile view showing sewer and drainage infrastructure with rim, invert and service stub elevations. The profile is to identify the diameter, pipe type, and length in feet of each run. iii. Stationing must be shown for sewer manholes and service wyes, starting with the furthest downstream manhole shown as 0+00. iv. Plan shall show ties from house corners to each corresponding sewer lateral at property line. v. A hard copy of the Final As-built Plan signed by the contractor shall be submitted to the Public Works Department.

TRAFFIC CONTROL The Contractor shall employ all measures and procedures of safety and traffic control applicable by local, state, and/or federal laws during the performance of services. The Contractor shall work in one lane at a time, and shall work with the direction of traffic in that lane. Where it is necessary to close the roadway detours will be required along with notification to the Hampton Police and Fire Departments and School Bus Company. All roadway closures are to be approved by the Director or his designee and Hampton Police and Fire Departments prior to the road closure. The Contractor will be held responsible for all damage to the work from pedestrians, animals, or any other cause due to lack of adequate controlling devices. A police detail will be required and will be paid for by the Town of Hampton. An allowance has been provided on the Bid Form and will be included with the Total Bid with the final award value of the contract as the net difference between the Total Bid and this allowance. It is the responsibility of the Contractor to contact and request a police detail a minimum of 24 hours prior to the day(s) of scheduled work directly with the Hampton Police Department. Failure of the Contractor to perform the scheduled work on the day that police details have been requested without calling the Police Department to cancel shall result in the police detail having to be paid for by the Contractor. The Town will not pay for more than one Police Detail at this location. Sufficient signage, staff and or other acceptable direction and control for the completion of the work will be required to be provided by the bidder.

SCHEDULE OF WORK It shall be the obligation of the selected Contractor to begin work upon no later than April 6, 2020 (weather depending – at the Discretion of the Director of Public Works) and complete all work within 90 calendar days of the authorization to proceed (Substantial Completion). Bidders shall clearly state within their bid their ability to complete this work within this time frame, or state reasons why such timeframe is not feasible. Following award of contract, the selected Contractor shall coordinate the scheduling of all work with the DPW Director or his designee.

Page 10 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

METHOD OF MEASUREMENT AND PAYMENT The “Bid Proposal Form” provides estimated quantities of materials to be supplied by the Contractor. The basis for payment shall be determined by actual measurements submitted by the Contractor and as reviewed and accepted by the DPW Director or his designee. The Town reserves the right to increase or decrease such estimated quantities as necessitated by field conditions and budget considerations. Prior to work commencing the DPW Director or his designee shall meet with and communicate to the Contractor’s job superintendent the scope of work. Payment is based on the contract unit price, completed and accepted in place, including all labor, materials, tools, and equipment necessary to complete the work as specified and described in Attachment C unless otherwise noted. Payment to the Contractor does not constitute acceptance of any portion of the Work, and does not reduce the Contractor’s liability to replace unsatisfactory work or material. The Town will retain a portion of the progress payment. Until the work is 50% complete, as determined by the Town, retainage shall be 10% of the monthly payments. After the work is 50% complete, and upon approval by the Director of Public Works or his designee, no further retainage will be held. Upon substantial completion, the amount of retainage will be reduced to 2%. The 2% retainage shall be held for a one-year warranty period. Payment will be made within 30-days of receipt of the submission of a completed written invoice and authorized by DPW Director or his designee. Payment will be made only for actual work performed and accepted in accordance with the contract. Payment of each invoice automatically releases any lien that the invoice may have provided against the Town.

WEIGHING All materials which are measured or proportioned by weight shall be weighed on scales which the Contractor has had sealed by the State of New Hampshire or by persons registered by the Commissioner of Agriculture to do such work. All weighing shall be performed in a manner prescribed under the rules and regulations of the Bureau of Weights and Measures of the New Hampshire Department of Agriculture. The weighing of materials on scales located outside New Hampshire will be permitted for materials produced outside the State when requested by the Contractor, and approved by the DPW Director or his designee. Materials must be approved by a licensed public weigh-master or a person of equal authority, on scales accepted in the State concerned

INVOICING INSTRUCTIONS Invoicing Instructions. All invoices shall include the following information: 1. Company name 2. Date(s) of work preformed 3. Contract number 4. Contractor to submit application and certificate for payment similar to AIA Document G 702. As there is no engineer of record on this project the Town will sign as Architect.

Page 11 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

STANDARD OF CARE The work performed by the Contractor and any subcontractor shall be in a workmanlike, professional manner, in accordance with generally accepted industry principles and practices, consistent with a level of care and skill ordinarily practiced by entities currently providing similar services under similar circumstances at the time the services were provided.

INSPECTION The Town will make inspections of the work performed under the contract. Any inspections that indicate defects will be the responsibility of the Contractor to correct at no additional cost to the Town. There will be no cost to the Town for any re-works/corrections. The DPW Director or his designee reserves the right to perform random and periodic inspections at any time to ascertain the Contractor’s compliance with the contract requirements.

CORRECTION OF DEFECTIVE WORK Any deficiencies identified by the DPW Director or his designee during the performance of work as specified in Section III. Scope of Work and Section V. Detail Specifications shall be corrected when discovered, and at the expense of the Contractor. The Town of Hampton shall require correction of defective work. In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the DPW Director or his designee and be given five (5) working days to correct work, and unreasonable delay in the performing of corrections may be grounds for termination of the Contractor. Upon failure of the Contractor to correct work, the Town of Hampton shall withhold any amount necessary for the correction of work from payments due, in order to correct the deficiencies. There will be no cost to the Town for any re-works/corrections.

CHANGE ORDERS The Contractor shall not proceed with work and materials that are not included in the bid proposal and contract agreement requirements without written prior approval of a change order by the DPW Director or his designee.

AWARD The award will only be made after evaluation of all bid proposals submitted. The award will be made to the most responsive and responsible bid proposal that meets the specifications contained herein on a total cost basis, with terms viewed as most favorable to the Town, and with the satisfactory negotiation of a contract agreement. The lowest cost proposal may not necessarily be selected, as the Town will also weigh the factors set forth in Section 718-4 of the Purchasing Policy and Purchasing Procedures to reach a final determination. The Town acting through the Town Manager reserves the right to reject any, or all bid proposals, to waive any informality of the bid proposals received, to omit any item or items and/or to accept any bid proposal as he may deem to be in the best interest of the Town. The decision of the Town Manager shall be final. Once accepted the bid proposal costs shall be held firm for the duration of the contract. Any anticipated costs the prospective bidder may incur are to be included in the bid proposal rates.

Page 12 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

The award is expected to be made within (15) working days of the bid opening.

CONTRACT AGREEMENT The Contractor selected through the award process will be required to enter into a contract agreement with the Town of Hampton and to execute the contract agreement as soon as possible but within two weeks of the date of award, unless prior arrangements are made with the DPW Director or his designee. This document “Bid 2019-021 Elaine Street Improvements” and any associated documents shall become part of the contract. Any costs the Contractor incurs in fulfilling the contract are to be included in the bid price proposed.

GENERAL PROVISIONS Nothing contained in the Contract shall be construed to be for the benefit of any persons not a party to the Contract. No third party beneficiary rights are created. No waiver by either party of any default by the other party in the performance of any provision of the Contract shall operate as or be construed as a waiver of any future default, whether like or different in character.

INDEMNIFICATION In accepting the awarded contract, the Contractor and any subcontractor employed by the Contractor shall agree to indemnify, save harmless and exempt the Town, its officers, agents, and employees from and against from any liability, any and all suits, actions, legal proceedings, claims, damages, costs, and attorneys’ fees and costs arising from any and all work done by the Contractor, its officers, agents, and employees and any subcontractor in the performance of this Contract. In accepting the awarded contract, the Contractor and any subcontractor employed by the Contractor shall assumes total liability for any bill from any labor or material supplier’s that Contractor has utilized, and agrees to hold the Town harmless and indemnify the Town from any claims made for payment or actions bought against the Town by material supplier’s, including for the costs and attorney’s fees incurred by the Town’s defense against such claims or actions.

NON-ASSIGNMENT Neither the Contractor nor the Town shall assign, transfer, convey, or otherwise hypothecate the contract or their rights, duties, or obligations hereunder, or any part thereof without the prior written consent of the other, which consent shall not be unreasonably withheld.

RELATIONSHIP The Contractor and any subcontractor shall be in the relationship as an independent contractor with the Town and nothing herein shall be construed as creating, at any time, the relationship of partnership or of employer and employee between the parties hereto, nor shall the award of the Contract be construed as creating any relationship whatsoever between the Town and Contractor, its officers, agents, employees, and any subcontractor. The Contractor shall have sole authority and responsibility to employ, discharge, and otherwise control its officers, agents, employees, and any subcontractor. Neither Contractor nor any of its officers, agents, employees, and any subcontractor shall be deemed employees of the Town. Accordingly, neither the Contractor nor any of its officers, agents, employees, and any

Page 13 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements subcontractor be entitled, as a result of the Contract, to any of the benefits under any employee benefit plans the Town presently has in effect or may put into effect. Neither Contractor nor any of its officers, agents, employees, and any subcontractor shall be considered employees of the Town for purpose of any tax or contribution levied by any federal, state, or municipal government. The Contractor and/or its employees shall not represent themselves as employees or agents of the Town of Hampton.

LIQUIDATED DAMAGES The contract as awarded will contain a liquidated damage clause to the effect that there shall be a five hundred ($500) dollar per day charge will be assessed should the Contractor fail to meet the scheduled substantial completion date (90 calendar days for Authorization to Proceed). Such damages shall be deducted from the final payment by way of liquidated damages, time being of the essence.

USE OF SUBCONTRACTORS The use of subcontractors under this contract shall only be allowed upon the approval of the DPW Director or his designee. The subcontractors will be subject to the same requirements as the selected Contractor. If the successful Contractor utilizes subcontractors, the Contractor shall provide evidence that the costs and expenses due to the subcontractor have been paid in full before final payment to the Contractor is made by the Town. A written statement by the subcontractor shall accompany such evidence on the subcontractor’s company letterhead.

TERMINATION The Town of Hampton acting through the Town Manager retains the right to terminate and dismiss the Contractor for non-performance, or poor performance with five (5) working days’ notice. Additionally, the Town of Hampton acting through the Town Manager reserves the right to negotiate a contract agreement with the next qualified Contractor for completion of the work.

LAWS, PERMITS AND LICENSING It shall be the Contractor’s responsibility, and anyone employed by the Contractor to adhere to and comply with all federal, state, and local laws, regulations, and codes, as well as with all standards and practices relating to the work being performed or the services provided. In addition, it is the Contractor’s responsibility, and anyone employed by the Contractor to procure and keep in effect any and all licenses, permits, notifications or other regulatory requirements relating to the work to be performed or the services to be provided.

WARRANTY LAW All Federal and State Warranty Laws apply to the materials and installation.

RESERVATION OF RIGHTS This Invitation to Bid does not commit the Town to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure or contract for services and supplies. Costs incurred for the preparation of the bid in response to this request shall be the sole

Page 14 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements responsibility of the submitting bidders. The Town reserves the right to reject any or all bid submittals, to waive technical or legal deficiencies, to cancel in part or in its entirety this request, and to accept any bid that it may deem to be in the best interest of the Town. The Town is an equal opportunity employer. All qualified bidders will receive consideration without regard to race, color, religion, creed, age, gender, or national origin.

INSURANCE REQUIREMENTS The insurance required for the award of the Contract shall provide adequate protection for the elected Contractor and any subcontractor against damage claims, which may arise from work under the Contract, whether such work is performed by the insured or by anyone employed by him, or from any of the hazards that may be encountered in the performance of the work. The following shall be considered minimum standards for insurance required to perform the Scope of Services provided to the Town: 1. Workers’ Compensation Coverage To be eligible to be awarded the contract to perform the work required, the Contractor and any subcontractor must submit to the Town a current certification of Workers’ Compensation Insurance in accordance with the provisions of New Hampshire law from a company licensed to issue such insurance in the State of New Hampshire in the following amounts, which shall be maintained during the life of the contract (excess or umbrella coverage may satisfy requirements). Limits of Liability: Coverage A Statutory Coverage B: Each accident $2,000,000 Disease: Each employee $2,000,000 Disease: Policy Limit $2,000,000 2. Liability Coverages To be eligible to be awarded the contract to perform the work required, the Contractor and any subcontractor shall submit to the Town a current Certificate of Insurance for Commercial General Liability (to include contractual liability, explosion, collapse, and underground coverages); Comprehensive Automobile Liability; Excess Liability; Property Liability (All risk including Theft & Fire) coverages, in the amounts as set forth below from a company licensed to issue such insurance in the State of New Hampshire, which shall be maintained during the life of the contract (excess or umbrella coverage may satisfy requirements). Limits of Liability: $2,000,000 each occurrence bodily injury and property damage $2,000,000 general aggregate – include per project aggregate endorsement $2,000,000 products/completed operations aggregate $2,000,000 combined single limit for bodily injury and property damage 3. Additional Insured The “Town of Hampton” shall be named as an additional insured on all the Certificate of Insurances. Such certificates shall also contain the following statement: “The insurance covered by this certificate will not be canceled or materially altered, except after 10-days written notice has been received by the Town of Hampton”.

Page 15 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

Cancellation of Insurance. The cancellation of any insurance held by the Contractor and any subcontractor, without immediate satisfactory substitution in an accordance with the above requirements, shall serve to automatically terminate the contract.

SUBMITTAL REQUIREMENTS All prospective bidders are expected to carefully examine this Invitation to Bid and all its sections, and any attachments, and any addenda distributed before submitting a bid proposal. Failure to do so will not relieve the Contractor of the obligation to furnish all equipment and labor necessary to carry out the provisions of the Invitation to Bid. The submission of a bid proposal shall be considered prima facie evidence that the bidder has made such examination and has taken into account the Town’s intent. All costs related to the bid proposal preparation and/or submission will be borne by the submitting bidder in responding to this Invitation to Bid or in responding to any request for interviews, additional information, etc. Any bid proposal which is incomplete, conditional, or obscure, or which contain erasures, alterations or other irregularities of any kind, or in which errors occur or contain abnormally high or low costs, may be rejected. The completed Bid Proposal Form must contain the full name of the company and the address. Failure to manually sign the Bid Proposal Form will disqualify the submitting bidder. The person signing the Bid Proposal Form shall show title or authority to bind the Firm in a contract agreement. All amounts shall be stated in both words and figures on the Bid Proposal Form. All words and figures shall be written in ink. In case of a discrepancy between the figures and the words, the written words shall govern. Sealed bid proposals will be received until 3:00 PM on Thursday December 19, 2019 at the Town Manager’s Office, 100 Winnacunnet Road, Hampton, NH 03842. Sealed bid proposal envelopes must be clearly marked “BID 2019-21 Elaine Street Improvements”. No faxed or emailed bid proposal or faxed or emailed withdrawals of the bid proposal will be permitted. If a withdrawal is made in either fashion, it will be destroyed upon receipt. All bidders are required to provide the following information with their submissions, and in the order that follows: 1. One (1) Original and one (1) copy of the Invitation to Bid, including the bid proposal form, all attachments including Attachment D- Bid Bond, and any addenda distributed 2. W-9 (If submitting a Certified or Bank check, in place of the Bid Bond) 3. A list of three (3) references for which comparable services have been performed. This list shall include the customer’s name, person to contact, address, and telephone number. Failure to include references will be ample cause for rejection of the proposal as non- responsive. 4. The bidder’s professional qualifications and experience in dealing with municipalities; including a list of previous projects of a similar nature; 5. A summary of the bidder’s present workload, which shall contain a statement that demonstrates that the bidder has adequate personnel and resources to provide the services within the scheduled timelines.

Page 16 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

BONDING – BID SECURITY, PERFORMANCE, PAYMENT AND OTHER BONDS 1. The following security is required to be submitted with the bid submittal. Attachment D. A. Bid Security. A bid security in the amount of 10% of the Bid Price and made payable to the Town of Hampton shall be submitted in the form of a certified or bank check drawn upon a bank authorized to do business within the State of New Hampshire or a bid bond executed by a surety company authorized to do business in New Hampshire. Such security will be returned to bidders, unless retained by the Town under conditions hereinafter stipulated. i.Conditions of Retainage After the opening of bid proposals, with the exception of the two most responsive and qualified bidders, the bid security of all other bidders will be returned within five (5) working days. The bid security of the two most responsive, and qualified bidders will be returned either upon the execution of the contract with the selected Contractor, or upon expiration of 90- days from the bid-opening, if no such award is made. The Bid Security shall be forfeited to the Town of Hampton if the selected Contractor fails to execute the contract. 2. The Contractor selected through the award process will be required to submit the following in order to fulfill the terms of the contract. A. Performance Bond or Letter of Credit. A performance bond or a letter of credit as surety shall be submitted to the Town of Hampton by a surety company authorized to do business in New Hampshire in an amount at least equal to the bid price. Said performance bond or letter of credit shall indemnify the Town of Hampton in full against any defects or loss resulting from any failure of performance by the Contractor or its employees, material suppliers, and/or utilities in the performance of the work and completion of the project. The performance bond or letter of credit shall guarantee to the Town of Hampton that the work will be completed according to the terms of the contract. The performance bond or letter of credit shall be returned upon completion of the project plus one year.

DISQUALIFICATION A bidder may be disqualified and their Bid proposal rejected for either of the following reasons: 1) failure to supply complete information as requested by this Invitation to Bid or 2) evidence of collusion among other bidders. Any Bid proposal(s) so rejected for reason #2 will disqualify the bidder(s) involved from consideration in future dealings with the Town. The lack of experience of prospective bidders may be grounds for their disqualification in the award process.

REVISIONS TO BID If it should become necessary to revise any part of this bid or otherwise provide additional information, an addendum will be issued by the Town and furnished to all bidders who have obtained copies of this original bid.

Page 17 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

RETURN OF SEALED BID PROPOSALS A prospective bidder may withdraw its bid, upon request to the Town Manager before the time of opening; the bid will be returned unopened. Late bids will be returned to bidder unopened. Correction or Withdrawal of Bid and Cancellation of Awards under Competitive Sealed Bid. Correction or withdrawal of inadvertently erroneous bid s before or after award, or cancellation of awards or contracts based on such bid mistakes, shall only be permitted at the Town Manager’s sole discretion. However, no changes in the proposed cost(s) or other provisions of the bid prejudicial to the interests of the Town or fair competition shall be permitted. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of a bid, or to cancel awards or contracts based on errors or omissions, shall be supported by a written determination made by the Town Manager. No bid may be withdrawn when the result would be to award the contract to another bid from the same Bidder or to another Bidder in which its percentage of ownership of the withdrawing Bidder is more than five percent. If the Town Manager denies the withdrawal of a bid, he shall notify the bidder in writing stating the reasons for his decision.

RECEIPT OF BID All prospective bidders seeking to submit a bid are requested to inform the Town by email at [email protected] that they have obtained the Invitation to Bid from the Town’s Website. Please provide your name, address, phone number, and email address. This will enable the Town to forward any addenda distributed and/or additional information that may be required for compliance with the Invitation to Bid document.

NO RESPONSE REQUEST It is requested of all prospective bidders who have obtained an invitation to bid that if they will not be submitting a bid to submit a letter of no response to the Town.

POSTING OF BIDS This Invitation to Bid and any attachments, and any addenda distributed are posted on the Town’s website at https://hamptonnh.gov/Bids.aspx

PURCHASING POLICY APPLIES The Town’s Purchasing Policy and Purchasing Procedures in Chapter 718 of the Hampton Code of Ordinances apply to any bid received hereunder.

GOVERNING LAW AND VENUE This Invitation to Bid, the Bid Proposal Form, and the Contract to be entered into shall be governed by the statutory and common laws of the State of New Hampshire and venue shall lie in the State Courts of the State of New Hampshire as to any dispute.

Page 18 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

BID PROPOSAL FORM 2019-021 Elaine Street Improvements Town Manager 100 Winnacunnet Road Hampton, NH 03842 Once submitted, all bid proposal costs shall be held firm and not withdrawn for 90-days from bid opening. All costs per year shall include all equipment, materials, machinery, tools, labor, labor cost, and typical reimbursable costs (such as travel, mileage, copies, correspondence, etc.) incidental to the performance of the service parts. In the case of a discrepancy between the figure amounts and the words, the written words shall govern. In accordance with the Section III. Scope of Work and Section V Detailed Specifications, the undersigned hereby submits the following cost(s). All quantities are estimated. Payment will be on the basis of actual quantities.

Elaine Street Improvements

Bid Bid Item Est Unit Unit Total Line Bid Amount ($) Item # Description Qty Cost ($) (Words) 1 Mobilization U 1 (Figures)

Traffic Regulation (Words) 2 U 1 and Control (Figures) Uniformed Police (Figures) $35,000 3 Officers for Traffic Allow 1 Control $35,000 (Words) Thirty Five Thousand

Test Pit Excavation (Figures) 4 EA 8 and Backfill (Words)

8” SDR 35 Sewer (Figures) 5 LF 1030 Pipe (Words)

(Words) 4" Sanitary Sewer 6 LF 500 Connection (Figures)

4’ Diameter Sewer (Figures) 7 EA 4 Manhole (Words)

Page 19 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

Ledge Excavation (Figures) 8 CY 100 and Disposal (Words)

Replacement of (Figures) 9 CY 300 Unsuitable Material (Words) Excavation Below (Figures) Grade and 10 CY 300 Replacement (Words) Backfill

Temporary (Figures) 11 Ton 190 Pavement Patch (Words)

Crushed Gravel (Figures) 13 Ton 25 Aggregate Base (Words)

Gravel Aggregate (Figures) 13 Ton 25 Base (Words)

12” HDPE Storm (Figures) 14 LF 170 Drainage Pipe (Words) (Figures) 15 Catch Basins EA 4 (Words)

Loaming and (Figures) 16 SY 1000 Seeding (Words)

Total (Figures) Part A (Words)

Total Bid Figures: ______Words: ______Net Bid (Total Bid – Bid Item #3) Total Bid Figures: ______Words: ______

Page 20 of 21 Town of Hampton Bid 2019-021 Elaine Street Improvements

The undersigned is submitting this Bid Proposal without collusion with any other individual or corporation. By signing you are attesting that you are duly authorized by law to commit the individual, association, partnership, company, or corporation to the terms of the Invitation to Bid and resulting contract. Company Name: ______Street Address: ______City, State and Zip Code: ______Business Telephone: ______Business Fax Telephone: ______E-Mail Address: ______Website Address: ______Signature of Authorized Person: ______Date: ______

Page 21 of 21

Attachment A Elaine Street Improvements N.T.S.

CAST IRON FRAME AND COVER TO MEET H20 LOADING REQUIREMENTS 1. IF THE CLEANOUT IS NOT LOCATED WITHIN A PAVED OR SIDEWALK AREA THEN IT SHALL BE LOCATED NO MORE THAN 6” BELOW GRADE WITH AN IRON PIPE OR EQUIVALENT FOR LOCATING PURPOSES. 2. THE SEWER LATERAL AT THE PROPERTY LINE SHALL NOT BE DEEPER THAN SIX FEET UNLESS APPROVED BY THE SEWER AND DRAIN FOREMAN. NOTE: THE SIZE OF THE SERVICE LATERAL AND FITTING TO BE DETERMINED ON A CASE BY CASE BASIS. DETAIL TO SHOW THE CORRECT SIZE AS PROPOSED

INTER-OFFICE MEMO TOWI{ OF HAMPTON NEW HAMPSHIRE

Date: June22,2012

To: Highway Department & Engineers

From: Chris Jacobs, PE Deputy Director of Public Works

Sub: Pamrex 32 Covers for Sewer and Drain Manholes

As of this date tho Hampton Public Works Department is establishing a uniform standard for all sewer and drainage manholes. This shall apply to all manholes within the Town regardless of if the planned location is on public or private property. It is the department's intention to adopt policys and materials which reduce infiltration, are safer for the employees to access and are sustainable.

Construction: The cover shall be installed on a bed of bricks and mortar in the same method as has been used in the past for other solid cast iron covers and catchbasin frames & grates. The typical specification for installation, bricks and mortar can be found in the NHDOT Standards @'Installthehingesothatitfacesthedirectionoftravel.

Size: the minimum size that can be installed under this specification rs 32"

Supplier: EJ Prescott, Concord, NH Tele: 603-224-9545 or Fax 603-224-2690. Refer to the attached specification sheet.

Or Equal: none approved at this time

H:\ specifications\ pamrex 32 covers.doc Manhole Gastings Pamrex L-2 Ductile lron Frame E Gover

Designecl to handle [hc r-igors ol'rnoderrr traf lic condi- tinns, PAMRIIX, with a load bcarirrg sl-r'ength of 120,000 lbsi. is fnl s[l'nnger tian l-r'arlitional cnstings mccling thc AAStI'l'O I I20 l oatl i n g let;u i rr:mon1.'l'hc supclior pcllbr-- rrruncc is acl-ricvcd thlough Lrsc of clucl.ilc ilon. Thc trnit is dcs;ignccl with an clastorttcr gasl

PAMREX In Open Position

24" PAMI{EX l)l Mll FctC - l']lain 24" PAMREX Dl MH F&C - Seu,er 62t 13 | 14" PAMREX DI MH F&C - Dt'Ltitt (t2Ili 2 Features: 24" PAMltt'lx D[ CI] Cratc 62113 (r . [)Lrctilc ir-on i2" PAMREX Dl MH F&C - Dt'riin 62rt3 32 D (r2li.3 . Availablo in24",28" arrcl 32" opcrtirtg 32" PAMREX Dl MH F&(l - Plain 32 P . l-lingcd covcr 32" PAMRfix DI Mll F&C - Sewct' 62t 13 32 S SCIS Lock without 62t32 524 02 . Optional locl

Panlcx 2.1"/28"

01150A-1

SECTION 01150A APPENDIX C: MEASUREMENT AND PAYMENT

PART 1 - GENERAL

1.1 DESCRIPTION A. For lump sum items, payment shall be made to the contractor in accordance with an accepted progress schedule and schedule of values on the basis of actual work completed. B. For unit-price items, payment shall be based on the actual amount of work accepted and for the actual amount of materials in place, as shown by final measurements. 1. All units of measurement shall be standard United States convention as applied to the specific items of work by tradition and as interpreted by the Engineer. 2. At the end of each day's work, the Contractor's Superintendent or other authorized representative of the Contractor shall meet with the Department of Public Works (the Resident Project Representative) and determine the quantities of unit price work accomplished and/or completed during the work day. 3. After the work is completed and before final payment is made, the Department of Public Works will make final measurements to determine the quantities of various items of work accepted as the basis for final settlement.

1.2 SCOPE OF PAYMENT A. Payments to the Contractor will be made for the actual quantities of the Contract items performed and accepted in accordance with the Contract Documents. Upon completion of construction, if these actual quantities show either an increase or decrease from the quantities given in the Proposal Form, the Contract Unit Prices will still prevail. B. The Contractor shall accept in compensation, as herein provided, in full payment for furnishing all materials, labor, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced by the Contract; also for all loss or damage arising from the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work and until its final acceptance by the Engineer, and for all risks of every description connected with the prosecution of the work, except as provided herein, also for all expenses incurred in consequence of the suspension of the Work as herein authorized. C. The payment of any partial estimate or of any retained percentage except by and under the approved final invoice, in no way shall affect the obligation of the Contractor to repair or renew any defective parts of the construction or to be responsible for all damage due to such defects.

1.3 PAYMENT FOR INCREASED OR DECREASED QUANTITIES A. When alterations in the quantities of work not requiring supplemental agreements, as hereinbefore provided for, are ordered and performed, the Contractor shall accept

ELAINE STREET IMPROVEMENTS BID 2019-021 APPENDIX C: MEASUREMENT AND PAYMENT

payment in full at the Contract price for the actual quantities of work done. No allowance will be made for anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as stipulated in such agreements.

1.4 OMITTED ITEMS A. Should any items contained in the bid form be found unnecessary for the proper completion of the work contracted, the Engineer may eliminate such items from the Contract, and such action shall in no way invalidate the Contract, and no allowance will be made for items so eliminated in making final payment to the Contractor.

1.5 PARTIAL PAYMENTS A. Partial payments shall be made monthly as the work progresses. Partial payments shall be made subject to the provisions of the Supplemental and General Conditions. Contractor's Partial Payment Requests shall be submitted in two parts; one part for EPA/DEP grant eligible quantities and one part for non-eligible quantities. The breakdown of quantities will be determined by the Engineer.

1.6 PAYMENT FOR MATERIAL DELIVERED A. When requested by the Contractor and at the discretion of the Owner, payment may be made for all or part of the value of acceptable, non-perishable materials and equipment which are to be incorporated into bid items, have not been used and have been delivered to the construction site, or placed in storage places acceptable to the Owner. Payment shall be subject to the provisions of the General and Supplemental Conditions. B. No payment shall be made upon fuels, supplies, lumber, false work, or other materials, or on temporary structures of any kind which are not a permanent part of the Contract.

1.7 FINAL PAYMENT After final measurements are made by the Department of Public Works, the Contractor will prepare a final quantity invoice of the amount of the Work performed and the value of such Work. Owner shall make final payments of the sum found due less retainages subject to provisions of the Contract.

1.8 INCIDENTAL WORK A. Incidental work items for which separate payment will not be made includes, but is not limited to, the following items: 1. Pre-Construction photographs. 2. Project record documents. 3. Traffic control plan and traffic regulation. 4. Signs. 5. Clean-up and restoration of property. 6. Restoration of fences and other structures. 7. Cooperation and coordination with other Contractors and utility companies including related inspection costs and other costs 8. Utility crossings and relocations, unless otherwise paid for.

ELAINE STREET IMPROVEMENTS BID 2019-021 APPENDIX C: MEASUREMENT AND PAYMENT

9. Temporary utility services to buildings, as required to maintain service during construction. 10. Minor items-such as relocation of sign posts, guard rails, rock wall, mail boxes, curbs, traffic loop detectors, pavement markings, etc., damaged as a result of construction activities. 11. Trench boxes, steel and/or wood sheeting as required, including that left in place. 12. Maintenance of all existing sewer flows and repair of existing sewer pipes. 13. Dewatering as necessary. 14. Sweeping 15. Dust control. 16. Erosion control. 17. Final cleaning of sewers, force mains and storm drains. 18. Clearing, grubbing and stripping. 19. Loam, seeding, grading, liming, fertilization, mulching, and watering. 20. Routine flagman services. 21. Construction schedules, bonds, insurance, shop drawings, warranties, guarantees, certifications and other submittals required by the Contract Documents. 22. Repair and replacement of water lines under 2-inches in size, culverts, underdrains, rock lined drainage trenches in streets and other utilities damaged by construction activities and corresponding proper disposal of removed materials unless otherwise paid for. 23. Water services to be repaired using union fittings. Water services unable to be repaired using union fittings will be the responsibility of the Contractor. 24. Temporary construction necessary for construction sequencing and other facilities not permanently incorporated into the work. 25. Weather protection. 26. Permits not otherwise paid for or provided by the Owner. 27. Visits to the project site or elsewhere by personnel or agents of the Contractor, including manufacturer's representatives, as may be required. 28. All excavation except the test pits specifically shown or ordered by the Engineer to establish sewer line and water line locations, earth excavation below grade and rock excavation. 29. Contract administration and insurance. 30. Test pits to establish in place field soils density, groundwater conditions, or requirements for dewatering. 31. Pipe markings. 32. Replacement of unsuitable material above pipe bedding and backfill. 33. Temporary Field Office.

1.9 DESCRIPTION OF PAY ITEMS A. The following sections describe the measurement of and payment for the work to be done under the respective items listed in the Bid Form. B. Each unit or lump-sum price stated in the Bid Form shall constitute full compensation, as herein specified, for each item of the work completed.

ELAINE STREET IMPROVEMENTS BID 2019-021 APPENDIX C: MEASUREMENT AND PAYMENT

(1) – Mobilization A. Method of Measurement: Lump sum. The amount bid for this item shall not exceed 2% of the Base Bid. B. Basis of Payment: 1. Mobilization and demobilization shall be paid for a lump sum price stated in the Bid Schedule. Said lump sum price shall be full compensation for furnishing all materials, labor, and equipment necessary to complete this work including submittals, mobilization of equipment to begin construction; the submittal and acceptance of the pre-construction video s; complete setup of the Engineer’s temporary field office and acceptance by the Engineer; demobilization of all equipment; and all incidental work associated with mobilization and demobilization. 2. Payment for this work on interim requisitions shall be according to the following percentages; a. Mobilization of equipment; the submittal and acceptance of the pre- construction photographs; and complete setup of the Engineer’s temporary field office and acceptance by the Engineer – 80 percent. b. Demobilization – 20 percent. c. The above percentages are prior to the specified retainage to be withheld.

(2) – Traffic Regulation and Control A. Method of Measurement: Traffic regulation and control will be paid for at the Lump Sum unit price as stated in the Bid Schedule. B. Basis of Payment: Payment for traffic regulation and control shall constitute full compensation for all traffic regulation and control efforts and including all labor, materials, equipment and supervision required to provide comprehensive and professional traffic regulation and control at all project locations (excluding uniformed Police Officers). The traffic control plan, temporary pavement markings for traffic re-routing and pedestrian safety are included in this item. Payment under this item will be made for full-time dedicated flaggers only. Part-time flaggers will not be considered adequate. The lump sum shall be paid in partial payments over the course of the project, where the percentage paid is equal to the percentage of completion of the entire Contract.

(3) – Allowance: Uniformed Police Officers for Traffic Control A. Method of Measurement: Allowance to be included and carried in the bid form. B. Basis of Payment: 1. Payment will be by the Town of Hampton.

(4) – Test Pit Excavation and Backfill A. Method of Measurement: The quantity to be paid for under this item shall be the actual number of test pits performed as authorized by the Engineer. B. Basis of Payment: Test pit excavations shall be paid for at the unit price per each test pit as stated in the Bid Schedule. Said unit price shall be full compensation for furnishing all labor, tools, and equipment; for sawcut and removal of pavement, excavation (except ledge excavation), dewatering, backfill including aggregate base

ELAINE STREET IMPROVEMENTS BID 2019-021 APPENDIX C: MEASUREMENT AND PAYMENT

and subbase, compaction, temporary pavement; providing the test pit result information to the Engineer and for all other work and expenses incidental thereto for which payment is not provided under other items.

(5)– Furnish and Install 8-inch SDR 35 Gravity Sewer A. Method of Measurement: Sewer pipe measured for payment shall be the number of linear feet installed measured along the center line of the pipe as laid including fittings. Pipe shall be measured between centers of the manholes minus half the inside diameter of each manhole. Pipe installed into the manhole will not be measured for payment. B. Basis of Payment: 1. The contract unit price per linear foot for sewer pipe shall be full compensation for all labor, materials, and equipment necessary to complete this work including saw cutting and removal of pavement, excavation (except ledge excavation), demolition and proper disposal of existing pipe, dewatering, bedding, furnishing and installing pipe and fittings, making connections to new and existing manholes, installation of impervious material dams, backfill including aggregate base and subbase material, compaction, cleaning, testing, maintaining existing flows during construction of new facilities and all else incidental thereto for which payment is not provided under other items. 2. Payment for this work on interim requisitions shall be according to the following percentages: a. Sewer pipe acceptably set in place and backfilled – 90 percent. b. Sewer pipe successfully tested – 10 percent.

(6) – Furnish and Install 4-inch Sanitary Service Connections A. Method of Measurement: This item shall consist of installing house sanitary service leads from sanitary sewer mains to the edge of right-of-way including the cleanouts as shown on the Drawings and/or as determined in the field. Measurement shall be from the top of the wye in the main to the edge of right-of-way, measured along the centerline of the pipe. B. Basis of Payment: 1. The contract unit price per linear foot shall be full compensation for all labor, materials, and equipment necessary to complete this work including saw cutting, removal of pavement, excavation (except ledge excavation), demolition and proper disposal of existing pipe, dewatering, bedding, furnishing and installing pipe and fittings, adequately capping service connection and marking location as specified and shown on the Drawings or connection to existing service, backfilling including aggregate base and subbase material, compaction, cleaning, testing, maintaining existing flows during construction of new facilities and all else incidental thereto for which payment is not provided under other items. 2. Payment for this work on interim requisitions shall be according to the following percentages: a. Service pipe acceptably set in place and backfilled – 90 percent. b. Service pipe successfully cleaned and tested – 10 percent.

ELAINE STREET IMPROVEMENTS BID 2019-021 APPENDIX C: MEASUREMENT AND PAYMENT

(7) – Furnish and Install 4-foot Diameter Precast Concrete Sanitary Manholes A. Method of Measurement: Sanitary manholes accepted for payment shall be the actual vertical feet of structures installed and accepted complete in place, from the lowest invert to finish grade. B. Basis of Payment: 1. The contract unit price per vertical foot shall be full compensation for all labor, materials, tools and equipment necessary to complete this work including saw cutting and removal of pavement excavation (except ledge excavation), demolition and proper disposal of existing structures, bedding, filter fabric, furnishing and installing precast concrete sections, frames, covers, frost protective wrap, masonry materials, waterproofing, constructing inverts, backfilling including aggregate base and subbase material, compaction, cleaning, testing, maintaining existing flows during construction, and all else incidental thereto for which payment is not provided under other items. 2. Payment for this item shall be as follows: a. 90 percent of the unit price upon installation of manholes. b. 10 percent of the unit price upon successful completion of cleaning and final manhole testing.

(8) – Ledge Excavation and Disposal A. Method of Measurement: Ledge excavation measured for payment shall be the number of cubic yards of ledge removed during construction. This quantity shall be determined by: 1. Exposing the ledge profile for measurement. Excavation and backfill of the earth overburden shall be considered incidental, and no separate payment shall be made therefore. 2. Should the Contractor elect to pre-drill and blast ledge without exposing the ledge surface for measurement, ledge depths shall be determined by the Resident Project Representative at the time of drilling or, when direct drilling observation is not conducted, the ledge profile shall be measured after excavation, and 20% of the ledge volume thus measured shall be deducted due to ledge expansion caused by the blasting operation. 3. The payment limit for trench width shall be between vertical planes which are a distance apart equal to the sum of 18 inches plus 1-1/3 times the nominal outside diameter of pipe which is to be installed in the trench (min. of 3 feet) and extending from the top of the ledge surface to a depth of 6 inches below the invert grade of the pipe. Where two pipes are installed in the same trench, trench ledge excavation shall be measured as the actual volume of ledge removed between vertical planes which are a distance apart equal to the sum of 3 feet plus the sum of the pipes nominal outside diameter. Where three pipes are installed in the same trench, trench ledge excavation shall be measured as the actual volume of ledge removed between vertical planes which are a distance apart equal to the sum of 4.5 feet plus the sum of the pipes nominal outside diameter.

ELAINE STREET IMPROVEMENTS BID 2019-021 APPENDIX C: MEASUREMENT AND PAYMENT

4. Ledge excavation for structures (including manholes) shall be measured as 18 inches outside the structure and extending to a depth of 6 inches below the base of the structure indicated on the Drawings. 5. Rocks or boulders greater than two cubic yards volume shall be considered as ledge excavation. Volume of rocks shall be determined from their average length, width, and depth as measured by the Engineer. B. Basis of Payment: 1. The contract unit price per cubic yard for ledge excavation shall be full compensation for all labor, materials, tools and equipment necessary to complete the excavation including conducting the pre-blast survey, drilling, blasting, excavating, loading and disposing the excess or unusable material outside the work limits, suitable replacement backfill, and all else incidental thereto for which payment is not provided under other items. 2. Not all the potential ledge locations are identified on the Drawings and ledge could be encountered anywhere within the limits of work. Such ledge, if encountered, is not considered a Differing Subsurface or Physical Condition. The unit price in the bid form shall apply to all ledge encountered and removed.

(9) – Replacement of Unsuitable Material Above Pipe Bedding and Initial Backfill A. Method of Measurement: Quantity to be paid for under this item shall be the number of cubic yards of material removed and replaced with materials from off-site as authorized by the Engineer. The payment limit for this item shall be between vertical planes that are a distance apart equal to a maximum of 6-feet extending from the top of the initial backfill layer to the bottom of the aggregate subbase layer as called out in the contract drawings for the length of the excavation as directed by the Engineer. B. Basis of Payment: 1. Excavated unsuitable materials shall be paid for at the unit price per cubic yard stated in the Bid Schedule. Said unit price shall be full compensation for furnishing all labor, equipment, and tools necessary for the excavation of unsuitable material including the disposal of materials; furnishing installing and compacting replacement suitable backfill, and for all other work and expenses incidental thereto for which payment is not provided under other items. 2. Material excavated that could have, in the opinion of the Engineer, remained in place through the use of adequate dewatering efforts shall be replaced by the Contractor at no additional cost to the Owner. 3. Excess backfill material may be available during the Contract. This item shall be used to pay for excavation of unsuitable materials above the initial backfill layer only if no suitable backfill material previously excavated under this Contract is available.

(10) - Excavation Below Grade and Replacement Backfill A. Method of Measurement: Quantity to be paid for under this item shall be the number of cubic yards of material removed and replaced below the pipe or structure bedding with materials from off-site as authorized by the Engineer. The payment limit for this item shall be between vertical planes that are a distance apart equal to the sum of 18 inches plus 1-1/3 times the nominal inside diameter of pipe to be installed (minimum

ELAINE STREET IMPROVEMENTS BID 2019-021 APPENDIX C: MEASUREMENT AND PAYMENT

3 feet) extending from the typical excavation depth called out in the contract drawings (bottom of bedding layer) to the depth accepted by the Engineer for the length of the excavation as directed by the Engineer. B. Basis of Payment: 1. Excavated unsuitable materials below the bedding elevation shall be paid for at the unit price per cubic yard stated in the Bid Schedule. Said unit price shall be full compensation for furnishing all labor, equipment, and tools necessary for the excavation of unsuitable material including the disposal of materials; and including furnishing installing and compacting replacement suitable backfill, and filter fabric, and for all other work and expenses incidental thereto for which payment is not provided under other items. 2. Material excavated below pipe bedding grade that could have, in the opinion of the Engineer, remained in place through the use of adequate dewatering efforts shall be replaced by the Contractor at no additional cost to the Owner.

(11) – Temporary Pavement Patch/ Driveway/Sidewalk Pavement A. Method of Measurement: 1. The quantity of bituminous concrete pavement to be paid for under this item includes: a. Temporary Pavement - The number of tons of temporary pavement (cold mix) placed and removed at the direction of the Engineer, calculated as described below, within the payment limits of trench paving shown on the Drawings. b. Driveway/Sidewalk Pavement - The number of tons of driveway/sidewalk pavement hand-placed at the direction of the Engineer, calculated as described below, within the payment limits shown on the Drawings. 2. Actual widths will be used in computing area wherever the width of pavement removed and replaced is less than the limits indicated on the Drawings. 3. The conversion factor to change volume of bituminous concrete pavement measured in place to tons will be 0.055 tons per square yard per inch of thickness. B. Basis of Payment: 1. Pavement shall be paid for at the Contract unit price per ton stated in the Bid Schedule. 2. Said unit price shall be full compensation for furnishing all materials, labor, equipment and tools necessary for the placement and removal of pavement, preparation of base material and application of tack coatNo additional payment will be made to the contractor for repair work done by him in maintaining bituminous concrete pavement.

(12) – Crushed Gravel Aggregate Base A. Method of Measurement: Placement of aggregate measured for payment shall be the number of cubic yards of aggregate placed for roadways and driveways not included within any other pay item, measured and calculated within the limits indicated on the plans, complete and in place. B. Basis for Payment:

ELAINE STREET IMPROVEMENTS BID 2019-021 APPENDIX C: MEASUREMENT AND PAYMENT

1. Payment shall be paid for at the Contractor unit price per cubic yard stated in the Bid Schedule. 2. Said unit price shall be full compensation for all materials, labor and equipment necessary to complete this work, including excavation, saw cutting, furnishing and transporting aggregate base to the project site, preparing subgrade, placing, grading, fine grading, compaction, dust control and all else incidental thereto for which payment is not provided under other items. (13) – Gravel Aggregate Base A. Method of Measurement: Placement of aggregate measured for payment shall be the number of cubic yards of aggregate placed for roadways and driveways not included within any other pay item, measured and calculated within the limits indicated on the plans, complete and in place. B. Basis for Payment: 1. Payment shall be paid for at the Contractor unit price per cubic yard stated in the Bid Schedule. 2. Said unit price shall be full compensation for all materials, labor and equipment necessary to complete this work, including excavation, saw cutting, furnishing and transporting aggregate base to the project site, preparing subgrade, placing, grading, fine grading, compaction, dust control and all else incidental thereto for which payment is not provided under other items.

(14) Furnish and Install 12” HDPE Storm Drain Pipe A. Method of Measurement: Storm drain pipe measured for payment under these items shall be the number of linear feet installed measured along the center line of the pipe as laid, regardless of materials of construction. Pipes shall be measured between centers of manholes or structures minus half the inside diameter of each structure. Pipe installed into the structure will not be measured for payment. B. Basis of Payment: The contract unit price per linear foot for storm drain pipe installed shall be full compensation for all labor, materials, and equipment necessary to complete this work including saw cutting and removal of pavement, excavation, demolition and proper disposal of existing pipe, dewatering, bedding, furnishing and installing pipe and fittings, backfill including aggregate base and subbase material compaction, cleaning pipes and sumps, connection to existing piping and structures as required, and all else incidental thereto for which payment is not provided under other items

(15) Furnish and Install Catch Basins A. Method of Measurement: Quantity of catch basins to be paid for under these items shall be the actual vertical feet of structures installed and accepted complete in place, measured vertically from the bottom of the sump to finish grade. B. Basis of Payment: Catch basins shall be paid for at the unit price per vertical foot as stated in the Bid Schedule. Said unit price shall be full compensation for all labor, materials and equipment necessary to complete the installation including saw cutting and removal of pavement, excavation, demolition and proper disposal of existing structures, dewatering, bedding, furnishing and installing precast sections, furnishing

ELAINE STREET IMPROVEMENTS BID 2019-021 APPENDIX C: MEASUREMENT AND PAYMENT

and installing frames and grates at proper grade, backfilling including aggregate base and subbase material , compaction, cleaning sumps and all else incidental thereto for which payment is not provided under other items.

(16) - Loaming and Seeding A. Method of Measurement: Loaming and Seeding measured for payment shall be the number of square yards of area disturbed during the project and requiring revegetation as denoted by the engineer. B. Basis of Payment: The Contract unit price per square yard for loaming and seeding shall constitute full compensation for all labor, equipment and materials necessary to complete this work including providing, spreading and raking loam, providing fertilizer, lime, seed, water and mulch and all else incidental thereto for which payment is not provided under other items. Areas disturbed for the Contractor's convenience shall be restored at no additional cost to the Owner.

ELAINE STREET IMPROVEMENTS Town of Hampton Bid 2019-021 Elaine Street Improvements

ATTACHMENT D - BID BOND

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID Bid Due Date: Description (Project Name and Include Location):

BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY ______(Seal) ______(Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By: Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest: Signature Signature

Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 Town of Hampton Bid 2019-021 Elaine Street Improvements

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2